The Objectives of the ILO
The objectives of the ILO are enunciated in the preamble to its constitution;
supplemented by Article 427 of the Peace Treaty of Versailles, 1919; as well as by the Philadelphia Declaration of 1944. The ideology of the ILO is defined by these three instruments in the following terms:
1. Whereas universal and lasting peace can be established only if it is based upon social Justice.
2. And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled.
3. Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations, which desire to improve the
conditions in their own countries. Cont….
International Labour Standards
The International Labour Standards, the quintessence of worldwide experience in the progress towards higher social and economic objectives continue to be the principal means at the disposal of the ILO to achieve social justice throughout the world.
Conventions and Recommendations
There is a fundamental difference between Conventions and Recommendations. While Conventions are obligation-creating instruments, Recommendations are guidance providing instruments. In other words, once the Conventions are ratified by the member state, they become binding international obligations, whereas Recommendations are essentially guides to national action and do not create international obligations. At times, a Recommendation may act as a forerunner to a Convention and may pave the way for subsequent adoption of a Convention.
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International Labour Code
The international labour code covers an enormous range of important subjects in the labour and social fields, which have been classified as under:
No. Subject
1. Basic Human Rights
2. Labour Administration and Industrial Relations
3. Employment Policy and Human Resources Development 4. General Conditions of Employment
5. Employment of Children, Young Persons and Women 6. Industrial Safety, Health and Welfare
7. Social Security and Social Policy 8. Seafarers
9. Indigenous and Tribal Populations Migrants and Plantation Workers
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Influence on Indian Labour Legislation
A study of the contents of many of the Conventions and Recommendations described above and those of the specific pieces of labour enactments dealt with earlier will reveal similarities in quite a number of specific provisions. So far, India has ratified 39 out of 185 Conventions adopted by ILO. The ratification of the Conventions has put her under the obligation of implementing their provisions through their incorporation in labour laws and collective agreements or in other effective ways.
Conditions of Work
Hours of Work
Weekly Rest
Holidays with Pay
Protection of Wages
Minimum Wages
Labour Administration Cont….
Employment of Children and Young Persons
India has ratified quite a few Conventions relating to employment of children and young persons. These include: (a) Minimum Age (Industry) Con. (No.5), 1919; (b) Minimum Age (Trimmers and Stockers) Con. (No.15), 1921; (c) Minimum Age (Underground Work) Con. (No.123), 1965; (d) Medical Examination of Young Persons (Sea) Con. (No.16), 1958; and Underground Work (Women) Con. (No.45), 1935. Provisions of Conventions relating to night work, that is, No.s 4, 41 and 89 have been incorporated in the protective labour laws like Factories Act, 1948; Mines Act, 1952; Plantation Labour Act, 1951; Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and other similar laws.
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Health, Safety, and Welfare
Existing safety and health provisions of labour laws relating to factories, mines, docks, and others also contain many provisions of a few other Conventions and Recommendations.
Social Security
Social security legislation in the country has also been influenced by Conventions not formally ratified by India, and also by standards set by a few Recommendations in the area.
Industrial Relations
The Conventions relating to industrial relations ratified by India are: Right of Association (Agriculture) Con. (No.17), 1921, Rural Workers Organization Con. (No.141), 1975, and Tripartite Consultation (International Labour Standards) Con. (No.144), 1976. The provisions of Conventions No.s 11 and 141 have been included in the Trade Unions Act, 1926.
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Employment and Unemployment
The provisions of the Conventions relating to unemployment and employment have been given effect to by administrative orders and practices, supplemented by a few labour laws such as Employment Exchanges (Compulsory Notification of Vacancies) Act, 1976.
Other Special Categories
Other special categories of Conventions ratified by India include: Inspection of Emigrants Con. (No.21), 1926, Seamen’s Articles of Agreement Con. (No.22), 1928, Marking of Weight (Packages Transported by Vessels) Con. (No.27), 1929, Final Articles Revision Con. (No.80), 1947 (excluding Part II), Indigenous and Tribal Population Con.
(No. 107), 1957 and certain Articles of Labour Statistics Con. (No.160), 1985.
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Difficulties in the Adoption of Conventions and Recommendations
As has been mentioned earlier, Conventions and Recommendations of ILO, seek to prescribe and indicate internationally uniform minimum labour standards. The purpose is to see that the labour standards in the Member countries are not below the ones prescribed by ILO. As the Member countries of ILO are at different stages of economic growth and industrial advancement, the capacity to maintain and preserve labour standards differs from country to country, depending upon their relative economic prosperity. Some of the countries are extremely poor, economically and technologically backward having, therefore, very poor labour standards, and are incapable of securing any immediate improvement in the same.
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Problems of Ratification
The process of evolving internationally uniform minimum labour standards does not end with the adoption of a Convention or Recommendation.
It is appropriate to examine the difficulties which some of the Member States experience in formally ratifying these Conventions. These Member countries may, for the sake of convenience, be grouped under the following heads:
1. countries with higher labour standards;
2. countries having a federal set-up;
3. countries where the subject matters of the Conventions are regulated by collective agreements; and
4. industrially backward countries.
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International Labour Standards and India
The International Labour Organization has played a significant role in promoting international labour standards. India is a founder member of the ILO and has contributed to the codification of standards. It is in turn benefited from the international labour standards in framing its own legal and institutional framework on social and labour aspects.
International Labour Standards
The conventions adopted by the International Labour Organization constitute international labour standards (ILS). Their purpose is to maintain certain basic minimum standards, worldwide. As a means of reconciling globalisation and social justice, efforts are made to link international trade with a system of social cause so that developing countries cannot enjoy the benefits of trade liberalisation on the basis of comparatively low labour costs. There is a sound justification for international labour standards.
On 18 June 1998, at its 86th session, the International Labour Conference adopted a Declaration on Fundamental Principles. It reiterates the binding nature of the Philadelphia declaration and requires the compliance of the core conventions covering the following aspects even by those countries that have not ratified the relevant conventions:
a. Freedom of association (No.87) and the effective recognition of the right to collective bargaining (No.98);
b. The elimination of all forms of forced or compulsory labour (Convention No.s 29 and 105);
c. The effective abolition of child labour (Convention No.138); and,
d. The elimination of discrimination in respect of employment and occupation
(Convention No.s 100 and 111). Cont….
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From International Labour Standards to Corporate Codes
International labour standards have proved effective and useful in formulating national policies, legislation and practices on diverse areas concerning social and labour aspects:
The ILO’s conventions and recommendations cover aspects ranging from tripartite consultations at national level to communications and grievance procedures within undertakings; wages, working hours, leave, holidays, to occupational safety and health;
non-discrimination to affirmative action for the aged, disabled, women and other vulnerable groups; labour market aspects, labour law, labour administration, human resource development, etc. In these matters, the ILO conventions and recommendations are not binding, except when a state ratifies the concerned ILO Conventions and/or reiterates the relevant principles in national legislation.
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Components of Social Clause and Indian Legislation
Social Clause Aspect Indian Constitution/Legislation
Freedom of Association and Right to Collective Bargaining (Convention Nos. 87 and 98 respectively)
Forced Labour Convention, 1930 and Abolition of Forced Labour Convention, 1953 (Convention Nos.
29 and 105). These provide for progressive abolition of forced labour in all its forms. Convention No.182 concerning Immediate Action to End the Worst Forms of Child Labour.
Equal Remuneration Convention, 1951 (Convention No.100). Its purpose is to eliminate sex-based discrimination in remuneration and provide for equal remuneration, to both men and women, for work of equal value. The four underlying bases for
determination of work of equal value are: skills, efforts, responsibility and working conditions.
Discrimination (Employment and Occupation) Convention, 1958 (Convention No.111). It covers any discrimination, exclusion or preference ‘..which has the effect of nullifying or impairing equality of treatment’
and which can be the result of not only legislation but also of existing factual positions or practices.
Minimum Age Convention, 1973 (Convention No.138).
It provides that minimum wage for employment should ordinarily be 15 and raised to 18 in dangerous occupations.
Freedom of Association is guaranteed as a
fundamental right in the Indian Constitution. The Trade Union Act, 1926 meets with part of the objectives of Convention Nos. 87 and 98. Both conventions have, however, not been ratified by the Government of India.
Article 23 of the Constitution and the Bonded Labour System (Abolition) Act, 1976. India has ratified Convention No. 29, not 105. India is moving towards ratifying Convention Nos. 105 and 182.
The Constitution upholds the principle of equality between men and women. The Equal Remuneration Act, 1926 seeks to provide for equal remuneration to men and women.
The Constitution upholds equality, denounces discrimination and encourages preferential treatment to disadvantaged groups in society. Convention No.111 has been ratified.
The Child Labour (Prohibition and Regulation) Act, 1986 bans employment of children below the age of 14. In several laws, the minimum age is variously defined. Employment of children in certain heavy and hazardous industries (Schedule A, part 3) is prohibited by law and the government is taking steps to enforce it strictly. Several court Judgements under public interest litigation actively support the prohibition and regulation of child labour.
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